2010-11-16_PERMIT FILE - C1996083A (27)

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identifyuig actions currently believed required to recover the endangered fishes in the most 2 • expeditious manner. Included in the Recovery Program was the requirement.that adepletion fee would be paid. to help support the Recovery Program. The proje:ct's Technical Revision 30 to augment 0.8.acre-feet to the existing 325.7 acre-feet depletion is considered by the Service as part n{the whole depletion for the Bowie Number 2 project. 'Cherefore, a fee for the additiona10.8 acre-feet will be required to fulfill the section 7 agreement. The fee amount due is calculated by multiplying the prof ect's additional average annual depletion (0.8 acre-feet) by the depletion charge in effect at the time payment is made. For Fiscal Year 2004 (October 1, 2003, to September 30, 2004), the chazge is $15:68 per acre-foot for the average annual depletion which equals a total contribution of $12.54 for this project's shaze of the Recovery Program costs. This amount will be adjusted annually for inflation on October 1 of each yeaz based on the Consumer Price Index. Ten percent of the total contribution ($1.25), or total payment, will be provided to the Service's designated agent, the National l?ish and Wildlife Foundation, at the time of issuance of the Federal approvals from OSM. Th.e balance will be due at the time the 0.8 acre-feet depletion commences. The payment will be included by the OSM as a permit stipulation. The funds will be used for acquisition of water rights (ordirectly-related activities) to meet the instream flaw needs of the endangered. fishes; or to support other recovery activities for the endangered fishes described in the RIPRAP. All payments should be made to the Foundation: National Fish and Wildlife Foundation 28 Second Street, 6th Floor San Francisco, California 94105 The determination in this document is based on the information provided by the OSM. If new information becomes available, if a new species becomes listed, if incidental take occurs, if the total average annual amount of water depleted by this project changes, or if any other project element changes which alters the operation of the project from that which is described in your correspondence and which may affect any endangered or threatened species in a mannei or to an extent not considered in this biological opinion (see 50 CFR 402.16), formal section 7 consultation should be reinitiated. The OSM should condition its approval documents to retain jurisdiction should section 7 consultation need to be reinitiated. If you have: any questions or concerns or if the Service can be of further assistance, please contact Louanne McMartin at the Grand Junction Field Office at (970) 245-3920, exter7 ion 36. cc: Joe Dudash Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 •